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Trespass Torts And Self-Help For An Electronic Age, Catherine M. Sharkey 2010 NYU School of Law

Trespass Torts And Self-Help For An Electronic Age, Catherine M. Sharkey

New York University Law and Economics Working Papers

Liability for trespass to chattels (or personal property) ensnares one who intentionally takes or inter-meddles with chattel in the possession of another. The past decade or so has witnessed the re-emergence of the tort in a new guise, as a sword against electronic intrusions over the Internet. Trespass to chattels is distinct from trespass to land in that it requires proof of actual damage. Self-help is an adequate remedy for protection against “harmless” inter-meddlings with personal property, but not in the case of land.

The significance of the self-help remedy in trepass to chattels sheds light on an inherent limitation ...


The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg 2010 Cornell Law School

The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg

Cornell Law Faculty Publications

Civil justice issues play a prominent role in society. Family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors are part of the fabric of daily life. Policymakers and interest groups regularly debate and assess whether civil problems are best resolved by legislative action, agency action, litigation, alternative dispute resolution, other methods, or some combination of actions. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice ...


Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy 2010 College of William & Mary Law School

Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy

William & Mary Environmental Law and Policy Review

This article revisits and examines whether the fairness and justice doctrine of Armstrong v. United States can justify and fashion standards of review to protect the right to just compensation of the Takings Clause. The Court has relied on Armstrong to show the purpose of the Takings Clause in many takings decisions. However, can Armstrong serve a greater purpose? In Dolan v. City of Tigard, the United States Supreme Court applied the unconstitutional conditions doctrine to justify the need for a standard of review to protect the right to just compensation. The Court transported questionable constitutional doctrine to validate Justice ...


Voip Jurisdiction And Regulation: Who Should Regulate The Technology Of Tomorrow? (Panelist), Daniel Lyons 2010 Boston College Law School

Voip Jurisdiction And Regulation: Who Should Regulate The Technology Of Tomorrow? (Panelist), Daniel Lyons

Daniel Lyons

No abstract provided.


Disposal Rates, Pendency, And Filing In Indian Courts: An Empirical Study Of The Two States Of Andhra Pradesh And Kerala, Siddik Rabiyath, Rupakula Ramanamurthy 2010 Jawaharlal Nehru University

Disposal Rates, Pendency, And Filing In Indian Courts: An Empirical Study Of The Two States Of Andhra Pradesh And Kerala, Siddik Rabiyath, Rupakula Ramanamurthy

Siddik Rabiyath

In this paper, we deal on the Crucial problem of judicial delays in India. With a backlog of almost 30 million cases in the High Courts and Lower Courts, litigants' transaction costs increase significantly due to the associated problems it causes. The frequent failure of courts to resolve disputes in a timely manner has important consequences for economic growth and development. We examine the impact of changing court efficiency, which is defined as disposal rates, on the rate at which fresh cases are filed. An improvement in efficiency would increase confidence in the courts, and therefore tend to increase the ...


The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam MacLeod 2010 Faulkner University

The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam Macleod

Adam MacLeod

Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defence of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as ...


The Right To Exclude In The Shadow Of The Cathedral: A Response To Parchomovsky And Stein, Eric R. Claeys 2010 Northwestern University School of Law

The Right To Exclude In The Shadow Of The Cathedral: A Response To Parchomovsky And Stein, Eric R. Claeys

NULR Online

Reconceptualizing Trespass, by Professors Gideon Parchomovsky and Alex Stein, falls in the genre of law and economics scholarship inspired by Guido Calabresi and A. Douglas Melamed’s classic article, One View of the Cathedral (“the Cathedral”). Reconceptualizing Trespass argues that, in property torts, scholarship under the Cathedral has focused too much on damage awards with the features of Cathedral liability rules, and too little on damage awards that have the features of Cathedral property rules. Ideally, the authors argue, property rule damages should award owners approximations of their subjective values over their property; as a second-best substitute, such damages should ...


Book Review: Jeff Benedict's "Little Pink House": The Back Story Of The Kelo Case, George Lefcoe 2010 University of Southern California

Book Review: Jeff Benedict's "Little Pink House": The Back Story Of The Kelo Case, George Lefcoe

University of Southern California Legal Studies Working Paper Series

Little Pink House is a fast paced account by Jeff Benedict of the events surrounding the 2005 U.S. Supreme Court decision in Kelo v. City of New London. Along with tracking Benedict’s story line, this review also highlights some of the core legal and policy issues that are an important part of the story for law-trained readers. At the core of the tale is how Kelo and a handful of her neighbors challenged the New London Development Corporation’s (NLDC) use of eminent domain for the economic redevelopment of the Fort Trumbull neighborhood. A libertarian-inspired public interest law ...


Should We Ban Or Welcome "Spec" Home Buyers?, George Lefcoe 2010 University of Southern California

Should We Ban Or Welcome "Spec" Home Buyers?, George Lefcoe

University of Southern California Legal Studies Working Paper Series

This paper begins by recounting the extent to which speculating buyers contributed more than proportionately to housing price volatility and the rate of mortgage foreclosure. The second section turns to the way spec buyers deceived mortgage lenders by committing occupancy fraud, claiming falsely that they were buying as owner occupants so they could benefit from more favorable mortgage rates and terms. The third section starts by describing the mischief spec buyers caused home builders and condo developers by signaling phantom housing demand, and degrading ‘for sale’ housing tracts and condo developments by leaving newly bought homes vacant or filling them ...


Split Estate, Thomas A. Ipri 2010 University of Nevada, Las Vegas

Split Estate, Thomas A. Ipri

Library Faculty Publications

The concept of a split estate refers to the fact that owners of a property do not necessarily own the minerals and resources that reside under the property.
Debra Anderson’s Split Estate highlights the more damning aspects of this oddity by documenting how oil and gas companies are setting up shop on home
owner’s land. In some instances, oil rigs are constructing within 100 feet of people’s homes.


Rights, Privileges And Access To Information, Alina Ng 2010 Mississippi College School of Law

Rights, Privileges And Access To Information, Alina Ng

Alina Ng

No abstract provided.


The Internet Is A Semicommons, James Grimmelmann 2010 University of Maryland Francis King Carey School of Law

The Internet Is A Semicommons, James Grimmelmann

Faculty Scholarship

The Internet is a semicommons. Private property in servers and network links coexists with a shared communications platform. This distinctive combination both explains the Internet's enormous success and illustrates some of its recurring problems.

Building on Henry Smith's theory of the semicommons in the medieval open-field system, this essay explains how the dynamic interplay between private and common uses on the Internet enables it to facilitate worldwide sharing and collaboration without collapsing under the strain of misuse. It shows that key technical features of the Internet, such as its layering of protocols and the Web's division into ...


Property As/And Constitutional Settlement, Timothy Zick 2010 William & Mary Law School

Property As/And Constitutional Settlement, Timothy Zick

Faculty Publications

No abstract provided.


The "Interior" Revenue Service: The Tax Code As A Vehicle For Third-Party Enforcement Of Conservation Easements, Douglas M. Humphrey 2010 Boston College Law School

The "Interior" Revenue Service: The Tax Code As A Vehicle For Third-Party Enforcement Of Conservation Easements, Douglas M. Humphrey

Boston College Environmental Affairs Law Review

Conservation easements are increasingly popular. They protect undeveloped land by removing the development right from the land-owner’s “bundle of sticks” and giving it to the party holding the easement. These easements confer a public benefit by protecting undeveloped land, dedicating it to use as a park, or preserving its ecosystem services. The Internal Revenue Code (the Tax Code) recognizes the public benefit, offering tax incentives for their donation to qualified organizations. However, the public does not have a vehicle to enforce the easements’ terms. Standing to enforce an easement is generally limited to the parties to the easement and ...


Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson 2010 SelectedWorks

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.


My Tree Versus Your Solar Collector Or Your Well Versus My Septic System? -- Exploring Responses To Beneficial But Conflicting Neighboring Uses Of Land, R. Lisle Baker 2010 Boston College Law School

My Tree Versus Your Solar Collector Or Your Well Versus My Septic System? -- Exploring Responses To Beneficial But Conflicting Neighboring Uses Of Land, R. Lisle Baker

Boston College Environmental Affairs Law Review

When one neighbor wants to use his land for a lawful purpose, but the neighbor next door wants to do the same so that their beneficial uses conflict, how might these conflicts be resolved? The conventional law of nuisance offers either a rationale based on fault or a general standard of what is “reasonable,” both of which require litigation to apply to a particular context. This Article suggests that resolving conflicts between neighboring beneficial uses of land would be aided by guidelines which might be grounded in some understandable norms to provide such neighbors with a sense that rough justice ...


The Social-Obligation Norm Of Property: Duguit, Hayem, And Others, M C. Mirow 2010 Florida International University College of Law

The Social-Obligation Norm Of Property: Duguit, Hayem, And Others, M C. Mirow

Faculty Publications

This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the development of Duguit's ideas. Hayem should be restored as a central influence on Duguit's thought and as one of the main and earliest proponents of the idea of the social-function norm. The article also examines the influence of Charmont, Comte, Durkheim, Gide, Hauriou, Landry, and Saleilles in Duguit's thought on ...


Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod 2010 Florida International University College of Law

Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from ...


Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn 2010 Touro Law Center

Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn

Scholarly Works

No abstract provided.


The Ethic Of High Expectations, Jean Galbraith 2010 University of Pennsylvania Law School

The Ethic Of High Expectations, Jean Galbraith

Faculty Scholarship

No abstract provided.


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